Criminal Procedure - Admission of Out-of-Court Statements - Assault in the Second Degree

SB 146 modifies Maryland's criminal procedure rules to allow certain out-of-court statements in trials for assault in the second degree. Specifically, it permits statements made by a witness who became unavailable due to the defendant’s wrongdoing (like threatening or intimidating them) to be admitted as evidence, bypassing the usual hearsay exclusion. Before admitting such a statement, courts must hold a separate hearing to verify the defendant caused the unavailability, and the statement must have been given under oath, written and signed, or recorded verbatim. The bill also requires the party offering the statement to notify the opposing side about its details and source promptly. This change applies only to assault in the second degree cases and takes effect October 1, 2025.